( 1 ) THIS appeal is directed against the judgment of the Additional District Judge (Special Judge for the offences under Narcotic Drugs and Psychotropic Substances Act), Vizianagaram dated 6-4-1993 rendered in CC No. 22 of 1992 under which the accused has been convicted for contravention of Section 8 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 punishable under Section 15 of the Act and sentenced to undergo imprisonment for 10 years and also to pay a fine of Rs. 1,00,000. 00and in default of payment of fine to undergo rigorous imprisonment for two years.

( 2 ) THE facts relevant to the appeal may be stated briefly as follows :on 28-3-1988 at about 10. 00a. m. on the strength of some information PW1 the Excise Sub-Inspector, PW5 the then Assistant Commissioner of Enforcement, PW2-another Excise Sub-Inspector, PW4-the then Excise Sub-Inspector, Enforcement, Visakhapatnam PW5, the Assistant Commissioner of Excise, Enforcement, Vizag and some other staff members went to the premises of Kranthi Road Transport Private Limited, Vizianagaram situated in Bonda Street. The accused was the branch-in-charge of that company at Vizianagaram, who was present when the party of the above officials went there. According to the evidence of these witnesses, they found 18 bags out of which five contained poppy straw (gasagasaala chekka) and other 13 bags contained poppy powder (gasagasaala Podi ). The Officers questioned the accused about the possession of those substances. The accused did not give any reply. Each bag was 30 kilo grams in weight. PW4, the Enforcement Sub-Inspector took samples of 25 grams from all the 18 bags in packets. PW4 prepared 36 identification slips which were attested by PWs. l and 4. PW4 affixed his seal to those identification slips. Those slips were affixed on all the 18 bags and also on the 18 sample packets. MOs. 1 to 5 are the bags of poppy straw and MOs. 6 to 18 are the 13 bags of poppy powder. MOs. 1 to 18 were seized by PW4 who also arrested the accused. MOs. 19 to 23 have been identified as sample packets containing poppy straw and MOs. 24 to 36 are identified as sample packets of poppy powder. The accused attested identification slips. PW4 drafted the special report in the premises of the transport company. PW1, PW2 and PW4 and the accused attested the identification slips. PW4 drafted the Special Report in the premises of the transport company. PWs. l, 2 and 4 and the accused attested the Special Report (Ex. P1 ). The accused along with MOs. 1 to 36 were handed over to the Excise-Sub-Inspector, Vizianagaram.

( 3 ) PWS. L, 2, 4 and 5 uniformly deposed to the above facts. According to PW3, the then Excise Inspector Vizianagaram on receiving Ex. P3 at 1. 00 p. m. on 28-3-1988 along with MOs. l to 36, he registered a case in Crime No. 33 of 1987-88 under Section 15 of the Act of 1985. Ex. P2 is the First Information Report. He sent MOs. 19 to 36 for Chemical analysis through Judicial First Class Magistrate, Vizianagaram. Ex. P3 is the carbon copy of letter addressed to the Magistrate, Vizianagaram requesting him to send 18 samples packets to the Chemical Analyst, Visakhapatnam. The Additional Judicial First Class Magistrate, Vizianagaram directed under Ex. P4 to send the sample of the Chemical Examiner. According to the analyst, the substance in the sample packets MOs. 19 to 23 contained sample pieces of poppy straw (gasagasaalu chekka) and sample packets MOs. 24 to 36 contained powder parts of poppy straw. The evidence to the above effect has been given by PWs. 1, 2, 4 and 5.

( 4 ) ON this evidence, the learned Sessions Judge, Vizianagaram convicted and sentenced the accused as above.

( 5 ) THE question for consideration is whether on the basis of evidence on record, the prosecution has succeeded in bringing home the charge against the accused beyond reasonable doubt.

( 6 ) IT is contended on behalf of the Public Prosecutor that this evidence establishes that the accused as branch